Nevada Revised Statutes
Nev. Rev. Stat. § 205.310 (2026)
Contractor failing to pay for labor or material
✓ current as of July 2026
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NRS 205.310 Contractor failing to pay for labor or material. Every person having entered into a contract to
supply any labor or materials for the value or price of which any lien might
lawfully be filed upon the property of another, who shall receive the full
price or consideration thereof, or the amount of any account stated thereon, or
part payment thereon, shall be deemed to receive the same as the agent of the
party with whom such contract was made or his or her successor or assign, for
the purpose of paying all claims for labor and materials supplied, insofar as
the money so received will pay such claims.
[1911 C&P § 390; RL § 6655; NCL § 10342]
Notes of Decisions
Cited in 5
cases, 1961–1985 · leading case: Teamsters Local 533 v. Schultz (In Re Schultz), 46 B.R. 880 (Bankr. D. Nev. 1985).
Teamsters Local 533 v. Schultz (In Re Schultz), 46 B.R. 880 (Bankr. D. Nev. 1985). “The dispute centers principally on the proper interpretation on Nevada’s “contractor embezzlement” statute — Nev.Rev.Stat. § 205.310 — and its relationship to Bankruptcy Code § 523(a)(4), which excepts from discharge certain debts incurred in a fiduciary capacity, for…”
Zalk-Josephs Co. v. Wells Cargo, Inc., 366 P.2d 339 (Nev. 1961). “The meat of such first cause of action against Wells Cargo is the assertion that pursuant to the provisions of NRS 205.310 Kaufield was the agent of Wells Cargo and that the latter, as Kaufield’s principal, is liable to Zalk-Josephs for the value of labor and materials.”
Walker Bank & Trust Co. v. Smith, 501 P.2d 639 (Nev. 1972). “310 declares that one who has contracted to supply labor or materials and who receives payment therefor, is deemed to receive such payment “as the agent of the party with whom such contract was made ... for the purpose of paying all claims for labor and materials supplied,…”
Zalk-Josephs Co. v. Wells Cargo, Inc., 400 P.2d 621 (Nev. 1965). “, paid said sum to Kaufield to be paid to plaintiff in discharge of the materials, labor, and goods supplied by plaintiff for use in said Nevada State Highway Project; that Kaufield failed and neglected to turn said sum over to plaintiff, but converted said sum to his own use;…”
Vegas Paint Co. v. Travelers Indem. Co., 482 P.2d 813 (Nev. 1971). “We must interpret the pertinent sections of NRS Chapter 624 as they read when this cause of action arose between October 1, 1966 and May 1967.”
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